In it, Gustafson remanded the case back to the IRS Whistleblower Office (WO), saying the agency's claim there was no criminal investigation against the Clinton Foundation "was not supported by the administrative record and thus constituted an abuse of discretion."
"The WO must further investigate to determine whether CI [criminal investigative division] proceeded with an investigation based on petitioners' information and collected proceeds," the judge ruled. "… It seems clear we should remand the case to the WO so that it can explore this gap."
While ordering the IRS to reveal whether the Clinton Foundation was criminally investigated, the judge declined the whistleblowers' request to take an Arkansas state official's deposition or compel discovery in the case, saying such actions were "outside the scope of proper discovery."
"Petitioners evidently look forward to a trial in which they hope to
prove wrongdoing and tax evasion by the target entities and to prove
dereliction of duty by the IRS," he added. "There will be no such trial
in this case."..........To Read More.....
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